FILED: NEW YORK COUNTY CLERK 09/04/ :54 PM INDEX NO /2013 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/04/2014

Transcription

1 FILED: NEW YORK COUNTY CLERK 09/04/ :54 PM INDEX NO /2013 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 09/04/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X KAHAN JEWELRY CORPORATION AND BULLION TRADING LLC -against- Petitioners, NOTICE OF DEMAND FOR PRODUCTION OF DOCUMENTS FOR DISCOVERY AND INSPECTION Index No: COIN DEALER OF 47 TH STREET, INC., B.A. COIN INC., DAVID YUSUPOV Jointly and Severally, Respondents X PLEASE TAKE NOTICE that plaintiffs Kahan Jewelry Corporation and Bullion Trading, LLC request that defendants COIN DEALER OF 47 TH STREET, B.A. COIN, Inc., DAVID YUSUPOV, and soon to be joined Defendant, Boris Aronov, produce for discovery, on a date to be determined by Judge Shirley Werner Kornreich on November 7, 2014 at 12:00 pm at 1410 Broadway Suite 2600, New York, NY, 10018, all documents and things after set forth. A. Definitions I. GENERAL INSTRUCTIONS Except as otherwise expressly indicated, as used in the Document Request: 1. Plaintiff Kahan means plaintiff KAHAN JEWELRY CORPORATION. 2. Plaintiff Bullion means Plaintiff AND BULLION TRADING LLC 3. Plaintiffs means the Plaintiffs KAHAN JEWELRY CORPORATION AND BULLION TRADING LLC 4. Yusupov means Defendant DAVID YUSUPOV. 5. Coin Dealer means Defendant COIN DEALER OF 47 TH STREET, INC. 6. B.A. COIN means Defendant B.A. COIN INC., 7. Defendants means the Defendants COIN DEALER OF 47 TH STREET, INC., B.A. COIN INC., and DAVID YUSUPOV 8. Person means any natural person or any business, legal or governmental entity or association. 9. Complaint means the Petition to Compel Arbitration served in this action. 1

2 10. Concerning means relating to, referring to, describing, evidencing or constituting. Reference to any entity includes each of its officials, officers, directors, employees, agents, attorneys, or other persons acting or purporting to act on behalf of the foregoing, whether currently or formerly employed or retained in these capacities. 11. The words document(s) and record(s) mean any handwritten, printed, computerproduced, typed, photographed, phone or tape recorded graphic matter, however otherwise produced or reproduced, and includes, without limitation, all communications, reports, correspondence, telegrams, memoranda, summaries of records, personal conversations or interviews, diaries, records, accounts, telex files, teletyped files, facsimile files, contracts, notes, marginal notations, photographs, ledgers or other records of original entry, bank statements, checks (back and forth), drafts of any of the foregoing, bank deposit slips, newspaper reports and all other recordings or writings of whatever nature and description. Document shall include originals (or copies if originals are not available) and nonidentical copies (whether different from the original because of handwritten notes or underlining or otherwise) and any translations of any document. 12. The term relating to means constituting, concerning, mentioning, discussing, referring to, involving, pertaining to, connected with, relying upon, or in any way relevant to the indicated item, person or event. 13. If any document, or any portion of any document, is withheld under claim of attorneyclient privilege or upon any other ground, the respondent withholding the document shall furnish a list, signed by the person supervising the response to this request, identifying each document withheld and stating with respect to each: a. The date and number of pages of the document and the identities of its author, addressee, and each person to whom copies were sent or were to be sent; b. The subject matter of the document; c. The identity of each person to whom the document, its contents, or any portion thereof is known or has been disclosed; d. If the document is withheld on the grounds of attorney-client privilege; i. Each basis for such claim of privilege, and ii. The identity of each person who was privy to any assertedly privileged communication reflected in the document; and e. If the document is withheld on any ground other than attorney-client privilege, each basis which respondent contends justifies its withholding the document. 14. Transaction means an occurrence in which goods, services, or money are passed from one person, account, etc., to another, including without limitation any promises or conduct that may be construed as such and are made between or among two or more parties. B. Time Frame 1. All requests for documents cover the period from January 2010 to the start of this litigation, unless otherwise specified. Pursuant to N.Y. C.P.L.R. 3101, Defendant is required to 2

3 supplement or amend its response promptly after securing information which would make the previous response materially misleading. II. DOCUMENT REQUESTS 1. Home Address, Phone Numbers, and any other contact information for Defendant David Yusupov, owner of Coin Dealer 47 TH Street, Inc. 2. Home Address, Phone Numbers, and any assets or properties owned in whole or in part by the Boris Aronov, who is the owner of B.A. Coin, and upon information and belief agent of Coin Dealer and David Yusupov. 3. Any and all documents relating to the practices and procedures of the Defendants Coin Dealer s and B.A. Coin s businesses. 4. Any and all documents created or prepared by the above-named Defendants or their agents for use in the course of their respective business, since the creation of their respective businesses. 5. Any and all documents and correspondence in possession of any of the named Defendants pertaining to any disputed transactions, currently at issue, including without: a. Any open positions in Silver or Gold (or open forward contracts ) between the Defendants and Kahan Jewelry Corp, and b. Any outstanding debts on loans made by Kahan Jewelry Corp. to Defendants. 6. Any and all documents and correspondence in possession of any of the Defendants pertaining to prior transactions between the Plaintiffs and any of the Defendants, including without limitation the transactions documented in Exhibit 1 in Plaintiff s Petition to Compel Arbitration. 7. Any and all documents referencing loans and payments made on loans between the Plaintiff and the Defendants. 8. A list of any aliases or alter egos used by the above named defendants in their course of business. 9. A list of any aliases or alter egos used by Boris Aronov, the sole owner of B.A. Coin, in B.A. Coin s course of business. 10. A copy of all complaints, arbitration awards and notices of claims filed and/or received against any of the Defendants and Boris Aronov, the sole owner of B.A. Coin, as a result of and/or relating to the operation of their businesses. 11. A copy of any and all communications between or among any of the following: a. Defendants B.A. Coin, Coin Dealer, David YUSUPOV, b. Plaintiff Kahan Jewlery Corp., and c. Boris Aronov, the sole owner of B.A. Coin. 12. Any and all documents pertaining to the incorporation, operation, management and ownership of the Defendants B.A Coin and Coin Dealer. 13. Any and all financial statements and records of the Defendants referencing any past transaction between the Plaintiffs and the Defendants. 3

4 14. Any and all original pick-up slips and/or copies in the possession of the Defendants and Boris Aronov referencing any transactions between or among any of the following parties: a. Plaintiffs, and/or b. Defendants, and/or c. Boris Aronov 15. A copy of any and all arbitration agreements ever used in the course of Defendants or Boris Aronov s business activities. 16. Any and all financial statements referencing and/or relating checks cashed in Defendant B.A. Coin s bank accounts referencing and/or relating any and all transactions between or among any of the following Plaintiffs, Defendants and/or Boris Aronov. 17. Any and all financial statements referencing and/or relating checks cashed in Defendant Coin Dealer s bank accounts referencing and/or relating any and all transactions between or among any of the following Plaintiffs, Defendants and/or Boris Aronov. 18. Any and all financial statements referencing and/or relating checks cashed in Defendant David Yusupov s bank accounts referencing and/or relating any and all transactions between or among any of the following Plaintiffs, Defendants and/or Boris Aronov. 19. Any and all financial statements referencing and/or relating checks cashed in Defendant Boris Aronov s bank accounts referencing and/or relating any and all transactions between or among any of the following Plaintiffs, Defendants and/or Boris Aronov. Dated: September 4, 2014 Respectfully submitted, s/david Estrakh Attorney for Plaintiffs 1410 Broadway, Suite 2600 New York, NY Office: Mobile: TO: Attorney for Defendants Coin Dealer of 47th Street, Inc. and David Yusupov Bruno F. Codispotti Codispoti & Associates, P.C. 111 John Street, Room 800 New York, NY10038 Phone: Alternate Phone: bruno@codispotilaw.com Other Addresses:connie@codispotilaw.com; michelle@codispotilaw.com 4

5 Attorney for Defendants B.A. Coin, Inc. and Boris Aronov Michael Stephen Winokur rd Street, Flushing, NY Phone: (718)